Sec.  76.907   Petition for a determination of effective competition.

   (a) A cable operator (or other interested party) may file a petition for a
   determination of effective competition with the Commission pursuant to the
   Commission's procedural rules in  Sec. 76.7.

   (b) The cable operator bears the burden of rebutting the presumption that
   effective  competition  does  not  exist  with evidence that effective
   competition, as defined in  Sec. 76.905, exists in the franchise area.

   Note to paragraph(b): The criteria for determining effective competition
   pursuant to  Sec. 76.905(b)(4) are described in Implementation of Cable Act
   Reform Provisions of the Telecommunications Act of 1996, Report and Order in
   CS Docket No. 96–85, FCC 99–57 (released March 29, 1999).

   (c) If the evidence establishing effective competition is not otherwise
   available,  cable  operators may request from a competitor information
   regarding the competitor's reach and number of subscribers. A competitor
   must respond to such request within 15 days. Such responses may be limited
   to numerical totals. In addition, with respect to petitions filed seeking to
   demonstrate the presence of effective competition pursuant to  Sec. 76.905(b)(4),
   the Commission may issue an order directing one or more persons to produce
   information relevant to the petition's disposition.

   [ 64 FR 35950 , July 2, 1999]